Maxim Ali has studied the FSB’s response to Telegram’s appeal

The Federal Security Bureau of the Russian Federation has provided to the management of Telegram its comments on the appeal against the decision of the Supreme Court.  The Supreme Court’s decision recognised the lawfulness of the Bureau’s request to be provided with information necessary for it to decode the electronic messages of Telegram users.  In the response, it underlined that the de-encryption codes do not fall within the definition of secret correspondence protected by the Constitution.

Head of the IP/IT Practice at Maxima Legal, Maxim Ali explained to Advokatskaya Gazeta, that in its submissions the security service has taken a formalistic approach. “According to the FSB, the claimant’s arguments are “an unsubstantiated judgment of a private person”, since they do not contain a reference to relevant federal laws. The FSB uses gaps in the law that allow it to occupy a convenient position, which is not available to Telegram”, Maxim concluded. Maxim also noted that the Bureau has not taken into account the references of Telegram representatives to the practice of the ECHR, which should be taken into account by the Russian courts.

To read the material in full, please see the Advokatskaya Gazeta’s website.